§ 488.375.To Attach Equipment of Going Business In Possession Or Under Control of Defendant

Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Last amended 2022 · Last verified July 28, 2026

In one sentenceSection 488.375 attaches business equipment in the defendant's possession by having the levying officer file a notice of attachment with the Secretary of State, indexed like a financing statement, with the lien extinguished if the equipment later becomes a fixture.

Full Text of § 488.375

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Except as provided by Section 488.385, to attach equipment of a going business in the possession or under the control of the defendant, the levying officer shall file with the office of the Secretary of State a notice of attachment, in the form prescribed by the Secretary of State, which shall contain all of the following:

(1) The name and mailing address of the plaintiff.

(2) The name and last known mailing address of the defendant.

(3) The title of the court where the action is pending and the cause and number of the action.

(4) A description of the specific property attached.

(5) A statement that the plaintiff has acquired an attachment lien on the specified property of the defendant.

(b) Upon presentation of a notice of attachment under this section for filing, and tender of the filing fee to the office of the Secretary of State, the notice of attachment shall be filed, marked, and indexed in the same manner as a financing statement. The fee for filing in the office of the Secretary of State is the same as the fee for filing a financing statement in the standard form.

(c) Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file in that office on the date and hour stated therein any notice of attachment filed against the equipment of a particular person named in the request. If a notice of attachment is on file, the certificate shall state the date and hour of filing of each such notice and any notice affecting any such notice of attachment and the name and address of the plaintiff. Upon request, the Secretary of State shall furnish a copy of any notice of attachment or notice affecting a notice of attachment. The certificate shall be issued as part of a combined certificate pursuant to Section 9528 of the Commercial Code, and the fee for the certificate and copies shall be in accordance with that section.

(d) The fee for filing, indexing, and furnishing filing data for a notice of extension of attachment is the same as the fee for a continuation statement under Section 9525 of the Commercial Code. The fee for filing, indexing, and furnishing filing data for a notice of release of attachment is the same as the fee for a statement of release under Section 9525 of the Commercial Code.

(e) If property subject to an attachment lien under this section becomes a fixture (as defined in paragraph (41) of subdivision (a) of Section 9102 of the Commercial Code), the attachment lien under this section is extinguished.

End

Plain-English Summary

Business equipment does not sit still for a keeper the way inventory might, so Section 488.375 uses a filing-based method instead of physical seizure. The levying officer files a notice of attachment with the Secretary of State, on a prescribed form naming the parties, the court and case, the specific property, and a statement that the plaintiff has acquired a lien. The notice is filed, marked, and indexed the same way a UCC financing statement is, and anyone can request a certificate from the Secretary of State confirming whether such a notice is on file against a given person.

Two details matter for priority. The filing and certificate fees track the fees for financing statements and their continuations and releases under the Commercial Code. And if the attached equipment later becomes a fixture attached to real property, the attachment lien created under this section is extinguished — the plaintiff would need to look to real property attachment or other remedies instead.

Frequently Asked Questions

How is equipment of a business attached in California, rather than physically seized?

Section 488.375 has the levying officer file a notice of attachment with the Secretary of State, filed and indexed the same way a financing statement is under the Commercial Code.

What happens to the attachment lien if the business equipment becomes part of a building?

Section 488.375(e) extinguishes the attachment lien on equipment that becomes a fixture, as that term is defined in the Commercial Code.

Amendment History

Amended by Stats 2021 ch 124 (AB 938),s 7, eff. 1/1/2022. EFFECTIVE 7/1/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: attaching business equipment california levysecretary of state filing attachment lienccp 488.375 equipment of going business